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HB
(Oregon)

Posts:9

08/16/2008 2:03 PM
I need some help developing ARC Guidelines. 1. Can the BOD develop them on their own (we would get input from the homeowners), for example "all new construction must be of same material/color/design as the house" etc. 2. Can the BOD vote them in as a resolution and then send notice to the homeowners? 3. Do they need to be reviewed by an attorney? We don't have much money to do this, but REALLY need to get something put in writing regarding standards for the community as soon as possible. The current ARC essentially has no guide for approving/denying requests. Our CC&R's state: The Board shall have the authority but not the obligation to promulgate and issue, and thereafter to amend from time to time, design guidelines supplemting and/or interpreting this declaration. Such guidelines shall be supplied in writing to all Owners and occupants of the Property and shall be fully binding upon all parties as if set forth in this declaration and shall be applied by the Board in reviewing and approving or denying proposed improvements or modifications. The CC&R's mention design guidelines, but we don't have any yet! Where do we start?

GeorgerwilliamsW
(Indiana)

Posts:767

08/16/2008 3:02 PM
Attached are a couple of sample sets of architectural guidelines you may find helpful.
Attachment: 181622176771.pdf Attachment: 181622347154.pdf

GeorgerwilliamsW
(Indiana)

Posts:767

08/16/2008 3:05 PM
And a third model.
Attachment: 181651021071.pdf

KirkW1
(Texas)

Posts:1190

08/16/2008 3:52 PM
Yes, the Board can establish the guidelines with or without input from the residents. Having said that, I personally believe two things: 1) You should absolutely get an attorney review. While expensive a lawsuit because you violated a law can be much more so. 2) I believe you should put the whole thing to a membership vote. Others will disagree with me on point 2. But in my opinion, the HOA exists to serve its membership. As such, major rules deserve the approval of the membership.

GeorgerwilliamsW
(Indiana)

Posts:767

08/16/2008 4:03 PM
I for one agree completely with you Kirk, on point 2.

DonnaS
(Tennessee)

Posts:2946

08/16/2008 5:00 PM
I, having written an ARC manual for our newly turned over association can give a few pointers. Not knowing anything about this developement makes it impossible to do any specifics but there already is an established format of what the commuity looks like and more than likely, the governing documents have established what should be continued. Also, you need to check those governing docs for who has the responsibility for the ARC. Is it an appointed committee of the Board? If it is a Board committee, then the Board dictates what they want from this committee. Is it required per the docs? Who makes up the members of the committee? What are their obligations and responsibilities? Now, after you read your docs, then first and foremost, the protective covenants give you a good start to what is the established format for the homes, landscape, care and maintenances of the properties, including the landscape. You will need to make sure that any guidelines do not contradict any local building codes or ordinances. Has there been any changes that were allowed but go against any item in the covenants? Address those also such as say no wood fences but some have gone up. No above ground pools but there are some. This is not something that is cookie cutter and each community is unique in its needs and properties. As this is just a general type of list, I know that I have forgotten some things but I am sure that my posting buddies will point them out to us.

SusanW1
(Michigan)

Posts:2316

08/16/2008 5:19 PM
What EXACTLY do the CCR's say about design guidelines?? - because this says the Board can create, issue and change design guidelines (IS THERE A MISSING COMMA HERE??)supplementing and/or interpreting this declaration. If there is NOT a comma, then you can create, issue and change ONLY the design guidelines that are stated in the declaration. If there IS a comma, then you can create new CCRs, thus, supplementing and/or interpreting the declaration. I can't imagine the CCRs giving a board this much power!

HB
(Oregon)

Posts:9

08/16/2008 10:00 PM
Here is the rest of what our CC&R's state: This is all we have regarding architectural control. It refers to design guidelines, but we don't have any. We have an ARC that the BOD appointed. They review applications and make a recommendation to the BOD. This is what the full wording consists of in our CC&R's. It is all very vague and does not say anything specific about standards (color, construction, etc.). We are having a rough time reveiwing requests for new construction because there isn't anything in our CC&R's about them. 10. ARCHITECTURAL CONTROL 10.1 Majority Action - The affirmative vote of a majority of the members of the Board shall govern its actions under this section 10 and constitute the act of the Association. A quorum of the Board shall consist of a majority of the Boards members. The Board may render its decision only by written instrument setting forth the action taken by the members consenting thereto. 10.2 Approval of Plans by Board - No residence, buidling garage, structure, or improvement of any kind shall be commenced, erected, placed or altered on any Lot until the plans and specifications, showing the nature, shape, height, materials, colors and location has been submitted to and approved in writing by the Board. All such improvements and alterations shall be in conformance with all applicable governmental laws, ordinances, rules and regulations and with any design guidelines described in section 10.3 To the extent that applicable laws, ordinances, Rules & Regulations may be in conflict with the Design Guidelines, the more restrictive standard shall apply. Complet plans and specs for approval by the Board must include all material required by the rules of the Board. GThe Board may approve or disapprove plans and specs as submitted or may approve such plans and specs with conditions for approval. 10.3 Additional Design Guidelines - The Board shall have the authority but not the obligation to promulgagte and issue, and thereafter to amend from time to time, design guidelines (which are not inconsistent with this declaration) supplementing and/or interpreting this Declaration. Such guidelines shall be supplied in writing to all Owners and occupants of the Property and shall be fully bindind upon all parties as set forth in this Declaration and shall be applied by the Board in reviewing and approving/denying proposed improvements or mofifications. The Board shall take into account any proposed building site in order to minimize any impact on neighboring Lots and shall have the authority to establish and modify guidelines as necessary or convenient to further this purpose.

HB
(Oregon)

Posts:9

08/16/2008 10:09 PM
Hi Donna, Our CC&R's say that committees are appointed by the BOD and may excercise the powers of the BOD to the extent delegated to the committees by the BOD. There have not been any changes that go against any covenants. One problem is with fencing, which we would like some guidelines for. Several homeowners have installed new fences that do not compliment the neighboring properties. Our CC&R's have a section on fences, but it only says this: 9.9 Fences - No fence shall extend into the front of any unit. Owners who need to repair or replace a fence shall use the same or similar material in style as fencing in the areas near the property. All such repairs must be approved in advance, in writing by the Board. This is great, but we are a new neighborhood and all fences are "new" installations, not repairs or replacements.

SusanW1
(Michigan)

Posts:2316

08/17/2008 6:11 AM
Could these be the builder/developer's Design Guides? I think you are missing a vital packet of information.

GeorgerwilliamsW
(Indiana)

Posts:767

08/17/2008 6:15 AM
HB-- Here is another sample document from my files that may serve as a model for your efforts.
Attachment: 181715782371.doc

KirkW1
(Texas)

Posts:1190

08/17/2008 6:46 AM
Your covenants are much like mine in that the meat of building restrictions are in the Design Guidelines. Our Design Guidelines set forth a number of things including: setback requirements. color range (ours allows earth tones, but others may want to prohibit those) number of free standing structures requirements for decking allowable height for play equipment fence height and construction As a note, we are starting to go through for revisions to our guidelines. And we intend to put those to a community vote. Since we have authority to change them as the Board, we don't feel that we need a super majority vote. But we do feel that since we are serving the neighborhood the fair thing is to allow the neighborhood to vote.

HB
(Oregon)

Posts:9

08/17/2008 10:29 AM
If they are the builders/developers Design Guides, I have never seen them. We had our turnover meeting over 3 yrs ago. If there is an additional packet of information that goes along with the CC&R's it has not been provided to any homeowner. I DO feel like there is something missing because it refers to Design Guidelines, but there aren't any. Our CC&R's are pretty simple and easy to read. (and very vague)

DonnaS
(Tennessee)

Posts:2946

08/17/2008 11:29 AM
HB, When I worked on the guidelines for my community, there were no official guidelines from the Developer either. What we had were the restrictive covenants and what we could see with our eyes. Fencing? The Developer had started to install the 4 foot high, metal fencing that looked like wrought iron and they were black. The covenants stated that all fencing must have vegetation installed along the fencing to hide the fence. Then in Florida, we have the "Cages" that go around and over the pools (lanais) We continued by requireing the same vegetation to be installed. We had a gallon size requirement for the plants. Anyhow, follow what has been already installed within reason otherwise you will get the --how come he has it and I can't. Make sure that any item that you include has very clear, precise measurements, standards or colors and sizes because there will be those who will push anything to the limit. Check with your County building codes. You will need set backs, sq. footage requirements for additions, what will need approvals, standards for lawns and landscaping,pools. heating sorces as to propane or gas, solar equipement,and other items that your committee will come across as you write these guidelines.

HB
(Oregon)

Posts:9

08/23/2008 8:27 PM
Thanks everyone for your input. We discussed it this last week at a Board meeting with some homeowners in the open forum. We all decided that the best route was to come up with a survey of sorts to send out to all homeowners to find out what they would like to see. Our meetings are fairly small, so a survey might actually be good to get some additional input.

JohnO6
(Georgia)

Posts:122

08/25/2008 6:41 AM
Let me add my support of the survey idea, based on a very positive experience my community had with it. We are a 103 unit attached villa community that took over control from the declarant about 1.5 years ago. Prior to that the community existed under declarant control during development for about 2 years. The CCRs had some explicit ARC limitations and then the usual "catch all" about no changes can be made without ARC approval. The Board also had the right in the CCRs to establish ARC rules. During declarant control, the declarant "didn't want to be bothered" with this sort of stuff, so he abdicated the decision making of his Board to the property manager. Unfortunately, what ensued was inconsistent application of rules "made up on the spot". When the current Board was elected to replace the declarant board, formal ARC rules were created, and (as you might expect would normally be the case with these topics that address the issues of "style" and "good taste") there continued to be controversy and confusion with the homeowners despite repeated, continued communication from the Board. As a result, we created a survey, by first listing every single rule (covenant explicit items were excluded from the survey since that would require changing CCRs) and asking whether the rule should be (a) left as it was, (b) made more restrictive, (c) made less restrictive, or (d) eliminated altogether. We used one of the online survey tools (and paper for non-techies), and received about a 75% response rate. The Board made the results known used the survey results to make a number of ARC rule modifications. The BEST PART is that what was previously very controversial, has essentially disappeard as a discussion topic in the community. And it's all because, ARC rule complaints are now responded to with a simple, "You had the opportunity to vote on every rule the Board made - if you didn't take that opportunity, you have no reason to complain. If you did vote, recognize that your opinion must be in the minority, and as a deed restricted community, you'll have to live with the desires of the majority of your neighbors." Worked extremely well.

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